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Sana Hassib Khoury v Wael Said Khoury & 9 Ors [2017] EWCA Civ 1120

Thursday 5 October 2017

Court of Appeal

The Claimant Appellant in these high value conspiracy proceedings has successfully established that the English courts have jurisdiction to hear her claims. At first instance part of her claim was found to have no real prospect of success against the anchor defendant and on that basis the Judge had found the requirements of Article 6(1) of the Brussels Regulation not to be satisfied. In a judgment that serves as a reminder of the importance of avoiding summary mini-trials, the Court of Appeal unanimously held that the Judge had been wrong so to conclude. Also of wider interest will be the Court’s divided obiter views on whether Article 6 (1) involves a merits threshold at all. John Wardell QC and James Walmsley from Wilberforce Chambers acted for the Claimant.